NIRMLA ARORA Vs. JOINT REGISTRAR COOPERATIVE

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner's husband late Shri Gopikishan Arora was working as Store Keeper in the Jodhpur Sahkari Up -Bhokta Whole -Sale Bhandar Ltd., Jodhpur (hereinafter referred as Bhandar) and his services were terminated by order dated 12th June, 1987 by the Liquidator of the said Bhandar. Shri Gopikishan Arora expired on 30.7.1987. On the report of respondent No. 2, the Joint Registrar Cooperative Societies, Jodhpur Region, Jodhpur (respondent No. 1) issued notice dated 17.12.1988 (Annex. 2) under Section 74(1) of the Rajasthan Cooperative Societies Act, 1965 (briefly the Act) asking her to appear before him and to show cause as to why enquiry be not made in respect of the embezzlement of R89,275.02 alleged to have been committed by late Shri Gopikishan Arora. The petitioner has contended that the notice Ex. 2 is clearly without jurisdiction and unauthorised and has been issued in order to harass her and prayed that the same be quashed and the respondents be restrained from taking any action against her in pursuance of the said notice.

(3.) THE respondents No. 2 in his counter has asserted that for fixing any liability the impugned notice has been issued against the petitioner in the interest of justice because she is the legal representative of late Shri Gopikishan Arora. It has been further asserted that in case it is found that Shri Gopikishan Arora had himself misappropriated the fund of the Bhandar for him benefit or had wrongly received the money or caused loss to it then the Bhandar has every right to recover that amount from the estate left by the deceased. It has been specifically admitted that the conduct of the petitioner is not under any inquiry, but it has been asserted that the impugned notice issued to her is not without jurisdiction.